IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.1640 OF 2018(MV) Between 1. Bootanna S/o late Mahalingappa Aged about 43 years 2. Sarojamma W/o Bootanna Aged about 33 years 3. Nagaraju S/o Bootanna Aged about 33 years 4. Govardhana S/o Bootanna Aged about 28 years All are now residing at Bootakatanahalli grama Badakunte Post, Sira Taluk Tumakuru District-572 137. …Appellants (By Sri. Shantharaj.K., Advocate ) And 1. M/s. Ritu Logistics R/o P.No.14, B.Asni 2nd Phase, Jodhpur Rajasthan-342 001.
2. New India Insurance Company Ltd. Represented by its Manager Shopping Complex, B.H. Road Tumakuru-572 101. …Respondents (By Sri. B.C. Seetharama Rao, Advocate for R2; Notice to R1 d/w.) This appeal is filed under section 173(1) of MV Act, against the judgment and award dated: 07.04.2017 passed in MVC No.1088/2015 on the file of the Senior Civil Judge and JMFC, Additional MACT, Sira, partly allowing the claim petition and seeking enhancement of compensation.
This appeal coming on for orders this day, the Court delivered the following:
JUDGMENT This appeal has been filed by the appellants-claimants aggrieved by the impugned judgment and award dated 07.04.2017 passed by the Senior Civil Judge and Additional MACT, Sira in MVC.No.1088/2015 (hereinafter referred to as ‘Tribunal’ for short) whereby the Tribunal has awarded a total compensation in a sum of Rs.17,40,000/- in favour of the appellant together with interest at 9% p.a. from the date of claim petition till realization.
2. Though the matter is listed for orders, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance Company is not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. By the impugned judgment and award, the Tribunal has awarded a sum of Rs.17,40,000/- in favour of the appellants-claimants as hereunder:
5. The learned counsel for the appellants-claimants submits that the Tribunal having come to the conclusion that the income of the deceased was Rs.15,000/- p.m. since the deceased was a bachelor who is aged about 22 years.
The Tribunal has committed an error in not appreciating the law laid down by Apex Court in National Insurance Company Limited V. Pranay Sethi and Ors., wherein, 40% is added towards the said income in respect of ‘loss of future expenses’. It is therefore contended that if 40% is added to the income of the deceased, it comes to Rs.15,000/-
p.m. and the appellant would be entitled to a higher compensation. Consequently, in view of the fact that the deceased had left behind four daughters who are appellants- claimants, the Tribunal has committed an error in awarding a sum of Rs.1,00,000/- in favour of the appellants-claimants towards love and filial affection without appreciating that as per law laid down by Apex Court in the case of Magma General Insurance Co.Ltd. V. Nanu Ram reported in 2018 SCC online SC 1546, followed by this Court in MFA No. 1100/2019 c/w. MFA No.663/2019 dated 12.07.2019 and in MFA No.879/2014 dated 27.08.2019, the appellants-claimants were entitled to a sum of Rs.30,000/- each under this head also. It is therefore contended by the learned counsel for the appellants-
claimants that the appellants-claimants are entitled to enhanced compensation by this Court.
6. The learned counsel for the respondent-Insurance company would support the impugned judgment and award passed by the Tribunal.
7. I have given my careful consideration to the rival submissions and perused the material on record.
8. As rightly contended by the learned counsel for the appellants-claimants in the light of the decision of Apex Court in Pranay Sethi’s case stated supra, the Tribunal has committed an error in not adding 40% to the notional income of Rs.15,000/-p.m. arrived at by the Tribunal. Accordingly, the appellants-claimants are entitled to an additional compensation on this ground. So also, in view of the judgment of the Apex Court in Magma stated supra, the appellants-claimants are entitled to Rs.30,000/- each under the head ‘love and filal affection. However, the compensation awarded under other conventional heads are adequate and sufficient and the same does not warrant interference by this Court.
9. Accordingly, the appellants-claimants are entitled to enhanced compensation as hereunder:
1 Loss of dependency Rs. 22,68,000.00 2 Love and filial Affection 3 Funeral Expenses & Transportation Rs. 1,20,000.00 Rs. 20,000.00 Total Rs. 24,08,000.00 10. The Tribunal having awarded a sum of Rs.17,40,000/-, the appellants-claimants would be entitled to additional sum of Rs.6,68,000/- (24,08,000/- - 17,40,000/-) by way of additional enhanced compensation together with interest @ 6% p.a. from the date of claim petition till the realization.
11. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The appellants-claimants are entitled to enhanced compensation of Rs.6,68,000/- which shall carry interest at 6% p.a. from the date of claim petition till realization.
(iii) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
No costs.
Sd/- JUDGE SSD